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1. DIRECTIONS FOR THE TRANSMISSION OF PROCEEDS OF THE PROP
ERTY OF DECEASED SEAMEN TO THE DISTRICT JUDGES. a remitting the proceeds of the property of deceased seamen to the rict judges of the United States, consular officers are instructed to guided by the following table. The drafts should be made payable ► the order of the United States district judge for the district of —," and addressed to the said judge in care of the “Clerk of the ited States district court,” at the place designated as the principal ce of holding the district courts in that district.
Principal place of
1736. LETTERS ROGATORY.
[Printed from Ex. Doc. No. 281, Fifty-first Congress, second session]
DEPARTMENT OF STATE,
Washington, March 25, ISS. To the Diplomatic and Consular Officers of the United States :
Letters rogatory for the purpose of taking the testimony of persons residing in the United States, which may be material in suits pending in the courts of foreign countries, are frequently sent to this Department, usually with a note from the minister of foreign affairs of the foreign country or from its diplomatic representative here, requesting that the business may be attended to. It is not, however, the province of the Department of State to dispose of matters of this kind. Frequently witnesses whose testimony is sought reside in places far frun this city, rendering it impracticable to have the testimony taken within the time at which it is required, in order to make it available.
It is, therefore, deemed advisable to issue this circular, to which are appended the provisions of the Revised Statutes of the United States regulating the taking of testimony in such cases. Other information upon the subject, which will be found useful to persons interested, is contained in the following
Both circuit and district courts of the United States are held in each of the States at the following points:
In Alabama, at Huntsville, Birmingham, Montgomery, and Mobile; in Arkansas, at Little Rock; in California, at San Francisco and Los Angeles; in Colorado, at Denver, Pueblo, and Del Norte; in Connecticut, at New Haven and Hartford; in Delaware, at Wilmington; in Florida, at Tallahassee, Pensacola, Jacksonville, Key West, and Tampa; in Georgia, at Atlanta, Savannah, and Macon; in Illinois, at Chicago, Springfield, and Cairo; in Indiana, at New Albany, Evansville, Indianapolis, and Fort Wayne; in Iowa, at Dubuque, Fort Dodge, Sioux City, Keokuk, Council Bluffs, and Des Moines; in Kansas, at Fort Scott, Leavenworth, and Topeka; in Kentucky, at Frankfort, Covington, Louisville, and Paducah; in Louisiana, at New Orleans, Opelousas, Alexandria, Shreveport, and Monroe; in Maine, at Portland; in Maryland, at Baltimore; in Massachusetts, at Boston; in Michigan, at Port Huron, Detroit, Grand Rapids, and Marquette; in Minnesota, at St. Paul; in Mississippi, at Aberdeen, Oxford, and Jackson; in Missouri, at
Louis, Jefferson City, and Kansas City; in Nebraska, at Lincoln 1 Omaha; in Nevada, at Carson City; in New Hampshire, at Portsuth and Concord; in New Jersey, at Trenton; in New York, at nandaigua, Albany, Syracuse, Utica, New York, and Brooklyn; in rth Carolina, at Raleigh, Greensboro, Statesville, Asheville, and arlotte; in Ohio, at Cleveland, Toledo, Cincinnati, and Columbus; in egon, at Portland; in Pennsylvania, at Philadelphia, Erie, Pittsburg, illiamsport, and Scranton; in Rhode Island, at Newport and Province; in South Carolina, at Charleston and Columbia; in Tennessee, at Roxville, Chattanooga, Nashville, Jackson, and Memphis; in Texas,
Graham, Dallas, Waco, Galveston, Tyler, Jefferson, Austin, San ntonio, Brownsville, and El Paso; in Vermont, at-Burlington, WindF, and Rutland; in Virginia, at Richmond, Alexandria, Norfolk, ynchburg, Abingdon, Harrisonburg, and Danville; in West Virginia, rcuit court at Parkersburg, district court at Wheeling, Clarksburg, nd Charleston; in Wisconsin, at Milwaukee, Oshkosh, Madison, Eau 'laire, and La Crosse.
In some of the States district courts are held at other points in addiion to those above specified.
The clerks of the courts of the United States are authorized to take lepositions, and may be designated as commissioners for that purpose n letters rogatory, which, when returned, are to be used in the courts of foreign countries.
The letters rogatory may be addressed to the judge of either the circuit court of the United States for the State of or the district court of the United States for the district of (naming the State), praying the judge of that court to name and appoint the commissioner; or such letters may be addressed to the commissioner directly.
The letter or package should in all cases be directed to the clerk of the district or circuit court to which the letters rogatory are addressed. The clerk's office is at the place where the court holds its sessions. I am, your obedient servant,
T. F. BAYARD.
SECTIONS OF THE REVISED STATUTES RELATING TO LETTERS ROGATORY.
1737. SEC. 4071. The testimony of any witness residing within the United States, to be used in any suitsfprithe recovery of money or property depending in anyticourt in any foreign country with which the United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found. and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accompanying such commission or letters: Provided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless the commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons.
1738. SEC. 4072. No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had, or any other, or any foreign state.
1789. SEC. 4073. If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and seventy-one, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States.
1740. SEC. 4074. Every witness who shall so appear and testify shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States.
1741. SEC. 875. When any commission or letter rogatory, issued to take the testimony of any witness in a foreign country, in any suit in which the United States are parties or have an interest, executed by the court or the commissioner to whom it is directed, it shall be returned